heating and heating construction

Because of

1. § 9 paragraph 10 of the Schleswig-Holstein Energy Transition and Climate Protection Act of March 7, 2017 (GVOBl. Schl.-HS 124), amended by the law of December 2, 2021 (GVOBl. Schl.-HS 1339), decrees the ministry for Energy Transition, Climate Protection, Environment and Nature in agreement with the Ministry of the Interior, Municipal Affairs, Housing and Sport, the Ministry of Economy, Transport, Labour, Technology and Tourism and the Ministry of Education, Training, Science, Research and Culture the following Articles 1 and 4,

2. Section 36 paragraph 2 of the law on administrative offenses in the version published on February 19, 1987 (BGBl. I p. 602), last amended by Article 31 of the law of October 5, 2021 (BGBl. I p. 4607, 4617 ), in conjunction with Section 2 of the Administrative Offenses Ordinance of January 22, 1988 (GVOBl. Schl.-HS 32), last amended by Article 3 of the Ordinance of September 20, 2022 (GVOBl. Schl.-HS 856, 857), and

3. Section 2 of the Administrative Costs Act of the State of Schleswig-Holstein of January 17, 1974 (GVOBl. Schl.-HS 37), last amended by Article 7 of the law of March 17, 2022 (GVOBl. Schl.- HS 301, 305), In conjunction with Section 5 Paragraph 1 of the Administrative Fees Ordinance of September 26, 2018 (GVOBl. Schl.-HS 476), last amended by the Ordinance of October 27, 2022 (GVOBl. Schl.-HS 931), the Ministry of Energy Transition decrees climate protection , Environment and Nature the following Articles 2, 3 and 4:

 

 

article 1

State ordinance for the implementation of Section 9 of the Schleswig-Holstein Energy Transition and Climate Protection Act

GS Schl.-H. II, equation no. B755-3-2

 

§ 1
definitions

For the implementation of § 9 paragraph 1 to 9 of the Schleswig-Holstein Energy Transition and Climate Protection Act (EWKG) of March 7, 2017 (GVOBl. Schl.-HS 124), amended by the law of December 2, 2021 (GVOBl. Schl.-HS 1339 ), the following definitions apply:

1. "Heating system" is a technical system for supplying residential and non-residential buildings with space heating or space heating and hot water; the heat can be generated in particular by boilers, direct electricity heating or regenerative heat generation systems and by connecting to a district heating network; "Boiler" within the meaning of this ordinance is one within the meaning of § 3 paragraph 1 number 14 of the Building Energy Act of August 8, 2020 (Federal Law Gazette I p. 1728), which is amended by Article 18a of the law of July 20, 2022 (Federal Law Gazette I p. 1237) has been amended (GEG);

2. the "replacement of a heating system" is available, if at least the boiler or other heat generator is renewed; in the case of heating systems with several heat generators, there is an exchange as soon as a boiler or heat generator is renewed; replacement also applies if the heating system is replaced by connection to a heating network; 3. A “subsequent installation of a heating system” occurs if a heating system is installed in a previously unheated building or parts of the building;

4. "Electric direct heating" within the meaning of this ordinance is such within the meaning of Section 3 Paragraph 1 Number 29 of the GEG.

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§ 2
forms

For notifications and evidence in accordance with Section 9 Paragraph 3 Clauses 1 and 2 EWKG and for explaining the reasons for the omission of the obligation to use in accordance with Section 9 Paragraph 9 EWKG, forms must be used which are issued by the ministry responsible for energy and climate protection together with the ministry responsible for construction Ministry to be made public.

 

§ 3
Notice and Proof

(1) The obligation to notify pursuant to Section 9 Paragraph 3 Clause 1 EWKG is fulfilled upon receipt of the signed form by the authorized district chimney sweep. Receipt of the notification will be confirmed in writing and the building owner will receive written notification within one month of receipt of the notification if the obligation to use renewable energies proportionately according to Section 9 Paragraph 1 in conjunction with Paragraphs 4 to 8 EWKG by the indicated measures cannot be fulfilled or improvements are required.

(2) The heating system can be replaced at the building owner's own risk within one month of receipt of the notification by the authorized district chimney sweep.

(3) As evidence pursuant to Section 9 Paragraph 3 Clause 2 EWKG, the building owner must submit documents showing

1. which recognized renewable energy (Section 9 Paragraph 4 Clause 1 EWKG in conjunction with Section 2 Number 5 EWKG) is used or

2. which alternative measure (§ 9 paragraph 5 to 8 EWKG) is used or

3. which combination (section 9 paragraph 4 sentence 2 EWKG) of recognized renewable energies with replacement measures is used, stating the shares.

(4) Evidence pursuant to Section 9 Paragraph 3 Clause 2 EWKG is provided if the authorized district chimney sweep has either confirmed the proven measure or, after one month from receipt of the evidence, has not given any notice of rectification.

 

§ 4
Monitoring, Cooperation and Notification Obligations

(1) The building owners are obliged to cooperate within the framework of the monitoring and review of the usage and documentation obligations pursuant to Section 9 Paragraph 3 Clause 3 EWKG by the responsible authorized district chimney sweeps and have all the necessary information and documents available for this purpose put.

(2) If monitoring and checking indicate violations of the notification, proof and usage obligations, the authorized district chimney sweeps shall notify the district administrators or mayors responsible for the administrative offenses as district regulatory authorities, insofar as this is necessary for the prosecution of Administrative offenses according to § 17 paragraph 1 EWKG is required.

 

§ 5
statistics

For statistical purposes, the authorized district chimney sweeps transmit the results of the monitoring according to § 9 Paragraph 3 Clause 3 EWKG of each calendar year in anonymous form by January 31 of the following year to the State Guild Association of District Chimney Sweeps (LIV) using a number provided by the LIV provided form. In particular, the number of notifications, the distribution of the evidence according to the fulfillment options selected on the notification forms, including information on previous and future heating systems and the energy sources, building-related data on locations and years of construction, and the type and number of indications of violations in accordance with Section 5 Paragraph 2. The LIV creates an overview and a statistical evaluation of the transmitted data for each calendar year and submits this to the ministry responsible for energy and climate protection by April 30 of the following year. For the creation of this overview and the statistical evaluation as well as for the connection and maintenance of an IT interface for retrieving the forms according to § 3, the LIV receives an annual flat rate from the ministry responsible for energy and climate protection, which is agreed separately.

 

§ 6
Approved use of renewable energies

(1) For the recognized use of renewable energies according to Section 9 Paragraph 4 Clause 1 EWKG in conjunction with Section 2 Number 5 EWKG, the following paragraphs are additionally relevant.

(2) The use of geothermal energy and environmental heat recognized in accordance with Section 9 Paragraph 4 Clause 1 EWKG includes the use of waste heat in accordance with Section 2 Number 1 EWKG and is possible with the following technical solutions:

1. Electrically or gas-operated brine/water heat pumps, water/water heat pumps or air/water heat pumps that have been properly placed on the market in accordance with Regulation (EU) 813/20131,

2. Electrically or gas-operated air/air heat pumps or permanently installed air heating products that have been properly placed on the market in accordance with Regulation (EU) 2016/22812,

 

3. permanently installed ventilation units with heat recovery, which have been properly placed on the market in accordance with Regulation (EU) 1253/20143 and which meet the building code requirements, in particular the Schleswig-Holstein Technical Building Regulations (VV TB SH) of April 22, 2021 (Amtsbl. Schl. -H. 2021 No. 19, p. 607),

4. Utilization of waste heat that is produced in the immediate spatial context if this either covers 15 percent of the heating energy requirement or at least 50 percent of the usable area in non-residential buildings or at least 50 percent of the living area in residential buildings.

(3) The following requirements apply to the use of solid, liquid or gaseous biomass recognized in accordance with Article 9 Paragraph 4 Clause 1 EWKG:

1. An oil or gas-powered heating system or gas-powered fuel cell is used to fully cover the thermal energy requirement and is operated with a fuel that consists of at least 15 percent renewable energies by admixture; if a fuel is to be used that consists of a lower percentage of renewable energies due to the admixture, this must be done in combination with other measures in accordance with Article 9 Paragraph 4 Clause 2 EWKG; Evidence of the proportion added can be evidenced, for example, by a procurement contract or an invoice, provided that

a) Gaseous biomass meets the requirements of Article 40 Paragraph 3 Number 2 GEG or

b) liquid biomass meets the requirements of Section 39 (3) GEG;

2. if several central heating boilers are operated to cover the base load, at least 15 percent of the nominal heat output of the boiler is covered by biomass;

3. solid biomass is used as follows:

a) for the operation of a heating system to fully cover the thermal energy requirement,

b) for the operation of a heating system to cover at least 15 percent of the heat energy requirement, which must be proven by invoice or self-declaration,

c) for the operation of individual room firing systems in accordance with § 2 number 3 of the 1st BImSchV, which demonstrably heat at least 30 percent of the living space and are used on at least 90 days a year or are equipped with a water heat exchanger for the central heating system,

d) in exceptional cases, instead of the requirements of letter c, for the operation of single-room firing systems in accordance with § 2 number 3 of the 1st BImSchV to cover at least 15 percent of the heat energy requirement, which must be proven by invoice or self-declaration.

(4) The recognized use of renewable energies can also take place through the use of electricity generated from them in direct electricity heating if this covers at least 15 percent of the heat energy requirement. In this case, it must be proven to the authorized district chimney sweep by means of an electricity purchase agreement or by generation in direct spatial connection with the building that only electricity from plants for the generation of renewable energies is used.

 

§ 7
Building-specific energetic refurbishment roadmap

An energy consultant approved by the Federal Office of Economics and Export Control (BAFA) or a corresponding energy consultant who is listed in the energy efficiency expert database of the Deutsche Energie-Agentur GmbH at www.energie -efficiency-experten.de is listed.

 

§ 8th
Omission of the obligation to use

(1) The building owner must provide the authorized district chimney sweep responsible for the waiver of the obligation to use according to Section 9 (9) EWKG in writing using the relevant form. Receipt of the justification will be confirmed in writing and the building owner will receive written advice within one month of receipt of the justification from the authorized district chimney sweep if improvements are required.

(2) The obligation to use does not apply according to § 9 paragraph 9 sentence 1 number 3 EWKG, in particular if

1. A profitability calculation by an energy consultant who is listed in the energy efficiency expert database of the German Energy Agency GmbH at www.energie-efficiency-experten.de shows that amortization is the cheapest technically feasible option to fulfill Section 9 Paragraph 1 Sentence 1 EWKG is only possible after more than 20 years, or

2. the building owner is demonstrably unable, due to his or her personal or operational situation, to finance the cheapest technically feasible option to fulfill Section 9 Paragraph 1 Sentence 1 EWKG.

 

§ 9
fees

The commissioned district chimney sweeps charge fees and expenses for official acts of the tasks assigned to them by § 9 paragraph 11 sentence 1 EWKG according to § 9 paragraph 3 and 5 to 8 EWKG in accordance with the Administrative Costs Act of the State of Schleswig Holstein of January 17, 1974 (GVOBl. Schl .-HS 37), last amended by Article 7 of the law amending the State Justice Act and other laws of March 17, 2022 (GVOBl. Schl.-HS 301), in conjunction with the Administrative Fees Ordinance of September 26, 2018 (GVOBl. Schl. -HS 476), last amended by regulation of October 27, 2022 (GVOBl. Schl.-HS 931).

 

 

Article 2
Amendment of the administrative offenses jurisdiction ordinance

 

The list of jurisdiction of the Ordinance on Administrative Offenses in the version of September 14, 2004 (GVOBl. Schl.-HS 358), last amended by Article 3 of the regulation of September 20, 2022 (GVOBl. Schl.-HS 856, 857), is like changed as follows:

The following classification number 2.2.13 is inserted after the classification number 2.2.12.3:

"2.2.13 Energy transition and climate protection

2.2.13.1 Section 17 of the Schleswig-Holstein Energy Transition and Climate Protection Act (EWKG) of March 7, 2017 (GVOBl. Schl.-HS 124),
amended by law of December 2, 2021 (GVOBl. Schl.-HS 1339)"

 

Article 3
Amendment of the Management Fee Ordinance

 

The general fee schedule of the administrative fee ordinance of September 26, 2018 (GVOBl. Schl.-HS 476), last amended by the ordinance of October 27, 2022 (GVOBl. Schl.-HS 931), is changed as follows:

The following subheading 10.1.23 is inserted after subheading 10.1.22:

"10.1.23 Official acts according to § 9 paragraph 3 and 5 to 8 of the Energy Transition and Climate Protection Act Schleswig-Holstein (EWKG) of March 7, 2017 (GVOBl. Schl.-HS 124), amended by the law of December 2, 2021 According to time expenditure"

(GVOBl. Schl.-HS 1339), according to time expenditure. A flat rate of 15 minutes can be allowed for requesting a missing proof as well as for driving and set-up times. The hourly rate is the mean value of the remuneration for career group 2, first and second entry office according to § 6 of the Administrative Fees Ordinance in the currently applicable version.

 

 

Article 4
Come into effect

 

This ordinance comes into force on the day after its promulgation.